Vijay Bishnoi, J.
By the Court:-
1. This writ petition has been filed by the petitioner-BSNL being aggrieved with the order dated 22.04.2016, whereby the Additional District Judge No. 2, Udaipur (hereinafter referred to as ‘the trial court’) has allowed the application filed by the respondent No. 1-Firm and directed the petitioner-BSNL to make payment of remaining amount pursuant to the award dated 06.10.2012 passed by the arbitrator.
2. Brief facts of the case are that the sole arbitrator had passed an award dated 06.10.2012 and directed the petitioner-BSNL to make payment against the award to the claimant-respondent No. 1-Firm within 90 days from the date of award. The arbitrator had also ruled that in case of failure on the part of the petitioner-BSNL to make payment within stipulated period of 90 days, the petitioner-BSNL shall be liable to pay simple interest at the rate of 10% per annum of the awarded amount included interest till date of the actual payment to the claimant.
3. When the petitioner-BSNL has failed to make the payment of the awarded amount to the respondent No. 1-Firm, it moved execution proceedings before the court below and vide order dated 19.05.2015 a direction was issued to the petitioner-BSNL to pay amount as determined in the award dated 06.10.2012 through cheque either in the court or in the bank account of the respondent No. 1-Firm. Pursuant to the order dated 19.05.2015, the petitioner-BSNL has made payment of Rs. 21,53,564/- to the respondent No. 1-Firm on 06.07.2015 The respondent No. 1-Firm has moved an application before the trial court on 01.08.2015 and claimed that the full and final payment of the amount as per the award dated 06.10.2012 has not been made by the petitioner-BSNL and the amount of Rs. 5,92,230/- is still due. The trial court after hearing both the parties vide impugned order dated 22.04.2016 has ordered the petitioner-BSNL to make payment of remaining amount as determined in the award dated 06.10.2012 within a period of 15 days.
4. Learned counsel appearing for the petitioner-BSNL has argued that, as per the respondent No. 1-Firm, the remaining amount of Rs. 5,92,230/- is payment of interest on the amount of compensation determined by the arbitrator in the award dated 06.10.2012, however, the respondent No. 1-Firm is not entitled for such interest because it has failed to furnish required information to the petitioner-BSNL despite several reminders issued by it. Learned counsel for the petitioner-BSNL has, therefore, submitted that the court below has erred in directing the petitioner to make payment of interest within 15 days from the impugned order.
5. Heard learned counsel for the petitioner-BSNL and perused the impugned order.
6. In the impugned order, the trial court has simply ordered that the petitioner-BSNL shall make payment of remaining amount to the respondent No. 1-Firm as awarded by the arbitrator vide award dated 06.10.2012 The court below has not directed the petitioner-BSNL to make payment of interest on the awarded amount. It is also noticed that in the reply filed by the petitioner-BSNL in response to the application filed by the respondent No. 1-Firm with a prayer for directing the petitioner-BSNL to make payment of remaining amount, the petitioner-BSNL has nowhere claimed that the remaining amount is interest amount and the respondent No. 1-Firm is not entitled to receive the same because it has not furnished required information to the petitioner-BSNL.
7. Looking to the above facts and circumstances, no case for interference in the impugned order is made out.
8. Hence, this writ petition is hereby dismissed.
9. Stay petition also stands dismissed.